WIPO SUMMARY OF THE RESPONSES TO THE QUESTIONNAIRE FOR SURVEY ON COPYRIGHT REGISTRATION AND DEPOSIT SYSTEMS

Transcription

1 WIPO SUMMARY OF THE RESPONSES TO THE QUESTIONNAIRE FOR SURVEY ON COPYRIGHT REGISTRATION AND DEPOSIT SYSTEMS B. LEGAL DEPOSIT 27. Does your country have a legal deposit system/s in place? The majority of respondent countries (77.5%) have a legal deposit system in place. These include: Albania, Algeria, Armenia, Argentina, Austria, Bahrain, Republic of Belarus, Belize, Bhutan, Brazil, Burundi, Chile, China, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Finland, Ghana, Greece, Guatemala, Guinea, Hungary, Ireland, Jamaica, Japan, Italy, Kenya, Kingdom of Saudi Arabia, Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxemburg, Madagascar, Mali, México, Republic of Moldova, Mongolia, Monaco, Montenegro, Namibia, Nepal, New Zealand, Norway, Oman, Pakistan, Peru, Romania, Russia, Serbia, Singapore, South Africa, Spain, Sri Lanka, Sweden, Thailand, Tunisia, Ukraine, United Kingdom and United States America. 28. Please list relevant national legislation regulating the legal deposit. The relevant national legislation and regulations of the responding authorities on legal deposit have been specified in detail in the corresponding response (Annex B.1). 29. Is the legal deposit mandatory or voluntary in your Country? If mandatory, what are the legal consequences in case of non compliance? In the majority of countries where there is a deposit system in place, the deposit is mandatory and in most cases, non compliance entails an economic fine. This is the case in Albania, Algeria, Argentina, Austria, Bahrain, Belize, Brazil, Bhutan, Chile, China, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Finland, Greece, Guatemala, Hungary, Kenya, Republic of Korea, Ireland, Italy, Jamaica, Japan, Latvia, Liechtenstein, Lithuania, Luxemburg, Madagascar, Mexico, Republic of Moldova, Monaco, Montenegro, Namibia, New Zealand, Norway, Pakistan, Peru, Romania, Russian Federation, Saudi Arabia, Serbia, Singapore, South Africa, Spain, Sri Lanka, Sweden, Thailand, Trinidad & Tobago, Ukraine, United Kingdom and United States of America. In Argentina, in addition to the fine, the law provides for a suspension of the patrimonial right of reproduction. In China, serious cases of non compliance can imply additional consequences, including the suspension of economic rights. In Armenia, Burundi, Guinea, Mali, Mongolia and Oman the legal deposit is voluntary.

2 page What are the functions performed by your National legal deposit system (e.g. preservation of cultural heritage; collection of statistical information, etc.)? The functions performed by the national legal deposit systems may vary from country to country. Generally speaking, the following more common functions could be highlighted: - Proof of the publication of the deposited work; - Collection of statistical information and creation of a database on registered and certified work; - Support of research and development; - Preservation of cultural heritage (archiving), publication of national bibliography, and development of libraries services. 31. Is there any connection or interaction among legal deposit and copyright protection? According to the responses, there is a connection/interaction between legal deposit and copyright protection in most countries where legal deposition is a requirement. For instance, the deposit also serves as a prima facie evidence; a proof of the date of creation and ownership of the work in case of disputes. However, in an important number of countries, there is no connection or interaction between legal deposit and copyright protection. This is the case in Belize, Republic of Belarus, Bhutan, Brazil, Burundi, Colombia, China, Costa Rica, Croatia, Czech Republic, Hungary, Ireland, Jamaica, Japan, Kenya, Republic of Korea, Liechtenstein, Lithuania, Mali, México, Republic of Moldova, Mongolia, Namibia, Nepal, New Zealand, Peru, Serbia, Spain, Thailand, Trinidad & Tobago and the United States of America 32. Does your national legislation have any provision in regard to making copies or adapting formats of deposited works for preservation purposes? If so, please clarify under which terms and conditions. In a first group of countries, the national legislation does not have any provision in regard to making copies or adapting formats of deposited works for preservation purposes. This is the case in Albania, Algeria, Argentina Armenia, Bahrain, Republic of Belarus, Belize, Brazil, Burundi, China, Costa Rica, Guatemala, Kenya, Kingdom of Saudi Arabia, Liechtenstein, Luxemburg, Madagascar, Mali, Monaco, México, Republic of Moldova, Mongolia, Namibia, Nepal, Oman, Pakistan, Peru, Sri Lanka and Trinidad & Tobago. Other countries do include specific provisions for preservation purposes. This group includes Austria, Bhutan, Chile, Colombia, Croatia, Czech Republic, Denmark, Ecuador, Finland, Ghana, Greece, Guinea, Hungary, Ireland, Italy, Latvia, Lithuania, Montenegro, New Zeeland, Norway, Jamaica, Japan, Korea, Romania, Russia, Serbia, Singapore, South Africa, United Kingdom, Ukraine, and United States of America. As a matter of example, in Austria, the Copyright Law establishes that any work may be copied if the original is in the possession of the collection (but only a single copy may be made preservation copy ). The Law further states that a published work may be copied in several copies on condition that the work is out of print or has not been distributed in sufficient number of copies. All copies referred to above may be digital copies, provided however that the copies are produced only for noncommercial ends. In Ecuador, the intellectual property law states that it permitted the reproduction of a single copy of a work located in the permanent collection of libraries or archives, with the sole purpose of replacing it if necessary. The Copyright Act of Ghana permits archives and libraries to make a copy of a work for storage in the libraries or archives. In Jamaica, both Copyright Act and the Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulation 1993 provides that the

3 page 3 national publisher shall grant permission to the legal depository to copy (including download), reformat or refresh for preservation and documentation purposes, any document he deposits. The Copyright Act of the Republic of Korea allows libraries to reproduce or digitalize printed materials that they possess for preservation purposes. The Act further allows reproduction in analogue format by one library of a printed material, which is out of print, upon request of another library for preservation purpose. In such a case, no reproduction in digital format is allowed. 33. What is the object of legal deposit? Please list all types or categories of material subject to legal deposit (e.g. Print Material, such as books, serials, government publication; Non-Print Material, such as music and audiovisual works, broadcast material). The potential objects of legal deposit vary greatly in the various national systems. Nevertheless, material subject to legal deposit usually refers to the general notion of literary and artistic works. Along the lines of the Berne Convention, this concept is defined by means of an open, non exhaustive list of productions in the literary, artistic and scientific domain. They also include sometimes the subject matter of related rights. The deposit of a fixed copy of the work is requested. National deposit systems can include the following: - print materials and materials in electronic format (government publications, collections of laws, collection of international agreements, banknotes, securities, booklets, flyers, posters, post cards, official and trade forms, maps, atlases, scores, text, notes, maps, special prints, journals, newspapers, magazines, bulletins, geographical and other charts, etc.); - materials for the blind or partially-sighted; special materials for physically impaired persons including Braille materials; - official documents; - software or computer programs; - musical works in notation and recorded; - audio-visual works/performances, broadcast materials, phonogram; - electronic editions; - non-published documents; - patent documents; - databases; - standards; - coins; - combined documents. 34. Does legal deposit apply upon production/printing of content or after its distribution? Does legal deposit apply to material printed in your country but distributed abroad? The obligation of legal deposit generally applies to the content of all material produced/printed in the Member State concerned independently of the place of distribution. Moreover, in most cases, materials and electronic documents in tangible format produced abroad which are intended for distribution to the public within the national borders or which have been specially adapted for distribution to the public in the concerned State must also be deposited. 35. Is there any type or category of material exempted from legal deposit for policy reasons? Some countries do not expressly exclude any type or category of material from the obligation of legal deposit. These countries include the following: Argentina, Armenia, Bahrain, Belize, Bhutan, Brazil, Burundi, China, Colombia, Costa Rica, Czech Republic, Ecuador, Hungary, Jamaica, Liechtenstein, Luxemburg, Mali, México, Montenegro, Mongolia, Pakistan, Peru, South Africa, Spain, Sri Lanka, Trinidad & Tobago and Ukraine.

4 page 4 In the majority of countries, it is common to have in place some sort of exemptions for certain kind of material. Some examples of most commonly excluded material are: fine art works and manuscripts, confidential documents or documents containing secrets, commercial advertising material, and material republished with slight changes and in limited or numbered copies. 36. Is there any specific regulation in regard to material published in electronic format? If so, does the regulation distinguish between on-line and off-line material? Please clarify relevant differences. In most of the responding States, there are no different rules for works published online and off-line. The same conditions and rules provided for hard copy works are also applicable to electronic formats. The differences lie in the procedure for collection of the material concerned. Off-line material must be submitted in physical form; while in the case of on-line material, the various depository bodies may need to collect the material directly. A good example is represented by the Legal Deposit Law of Latvia, which requires freely accessible online publications be harvested and archived automatically by the National Library of Latvia. Publishers of online publications of restricted access shall grant access to an online publication for the National Library of Latvia in order for this institution to obtain a copy of the publication. In some cases, electronic material is not subject to deposit. For instance, in China, electronic publishing entities are required to submit only the offline media samples. In Japan, there are provisions regarding materials published in electronic format. The provisions distinguish between online and off-line material. On-line material is not subject to legal deposit but there is a provision which stipulates that part of the on-line materials such as the Internet resources of the national government, local governments and independent administrative agencies, etc. can be collected by recording in the form of memory for the use of the National Deposit Law. In New Zealand, legal deposit system does not apply to Internet Documents, which are defined as a public document that is published on the Internet, whether or not there is any restriction on access to the document and this includes the whole or part of a website. Nevertheless, legal deposit applies to electronic documents made available offline. 37. How many copies does the depositor have to deposit? Are there special conditions for limited or deluxe editions? National legislations provide for very different solutions in regard to the number of copies to be deposited. The number of copies required by each body can be accessed in Annex B.2. Although in a few countries limited or deluxe editions are subject to exemption or to a deposit of only a reduced number of copies (e.g. Algeria, Ecuador, Spain, United States); usually national legislations lack specific provisions on this issue. 38. Who is/are the subject/subjects responsible for delivering the legal deposit? Generally speaking, the subject(s) or entities responsible for delivering the legal deposit are the publishers, producers and distributors, in addition to the copyright holders. 39. What are the time requirements for legal deposit? The time requirements for legal deposit vary among different countries, and it also depends on the subject matter of deposit. The deadlines for the deposit range from one day to ten years after the production/printing of the concerned material. In other cases, the legal deposit must be fulfilled before distribution of the works. Detailed time requirement of each respondent depository body can be found in the corresponding response (Annex B.2).

5 page Is there a payment or compensation involved in legal deposit? If so, please indicate its amount. In the vast majority of countries, the legal deposit is obtained for free and does not imply any economic obligation for the depository body. In a few countries such as Jamaica, Japan, Republic of Korea, legislation provides for compensation, usually established around 50 per cent of the retail price. A further exception is represented by countries, such as Kenya, where the depositor is required to pay a price for obtaining the deposit. Furthermore, some countries (e.g. Austria and Norway) where the deposit is generally for free may provide for a sort of compensation in punctual cases, such as when a depository body is planning to keep a copy of very expensive editions and is required to refund a fraction of the resale price. 41. What is/are the entity/entities responsible for acting as legal depository? In most of the cases, the entity/entities responsible for acting as legal depository body/bodies are the competent national authorities which have been established by Government to act as legal depository entity/entities. Full contact details of each depository body and their functions can be accessed in the corresponding response (Annex B.3). 42. Does the general public have access to legally deposited materials? If so, please explain under which terms and conditions. In a number of countries, the general public has access to the legally deposited material and this access is usually for free. These countries include the following: Albania, Argentina, Austria, Bahrain, Republic of Belarus, Belize, Brazil, Burundi, Chile, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Finland, Ghana, Greece, Guinea, Hungary, Ireland, Jamaica, Japan, Italy, Kenya, Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxemburg, Madagascar, México, Republic of Moldova, Mongolia, Montenegro, Namibia, Nepal, New Zealand, Norway, Pakistan, Peru, Russia, Serbia, Singapore, South Africa, Spain, Sweden, Thailand, Ukraine, United Kingdom and the United States of America. In such instance, legally deposited materials are considered as the repertoire of the National Library or the relevant authority, the general terms and conditions of each authority apply. On the contrary, the legislation of a few countries, such as Algeria, Armenia, China, Guatemala, the Kingdom of Saudi Arabia, Mali, Oman and Romania, do not allow the general public to access to legally deposited materials. Legislations of other countries, such as Trinidad & Tobago, do not state whether the general public has access to legally deposited materials. 43. Do/does the depository/depositories provide publicly available search facilities? If so, are they accessible on-line? In a number of countries, both off-line and on-line search facilities are available for free to the public accessible on-line. These countries include the following: Albania, Argentina, Austria, Brazil, Chile, Colombia, Croatia, Czech Republic, Denmark, Ecuador, Finland, Greece, Hungary, Jamaica, Ireland, Italy, Japan, Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxemburg, Republic of Moldova, Montenegro, Namibia, Nepal, New Zealand, Russia, Norway, Serbia, Singapore, South Africa, Spain, Sweden, Thailand, Trinidad & Tobago, United Kingdom and United States of America. For detailed web address of each depository body, see the corresponding response (Annex B.3). In other countries, including Algeria, Bahrain, Burundi, Ghana, Kenya, México Mongolia, and Peru, publicly available search facilities are accessible only off-line. On the other hand, countries like Armenia, Republic of Belarus, Belize, China, Guatemala, Guinea, Mali, Oman, Pakistan, Romania and Ukraine, do not provide publicly available search tools. In Costa Rica and Madagascar, general public access depends on the rules of the different depository authorities. In the Kingdom of Saudi Arabia, the general public has access only to the bibliographic information of the legally deposited materials.

6 page Is legal deposit linked to any number or code? Is there any relation with the International Standard Books Number (ISBN) with the International Standard Serial Number (ISSN) and other such codes? In the following countries, there is no relation between legal deposit and ISBN or ISSN: Algeria, Armenia, Austria, Republic of Belarus, Belize, Chile, China, Colombia, Czech Republic, Denmark, Ecuador, Finland, Guatemala, Guinea, Hungary, Jamaica, Japan, Italy, Liechtenstein, Mali, México, Republic of Moldova, Monaco, Mongolia, Norway, Oman, Pakistan, Peru, Spain, Sweden, Thailand, Trinidad & Tobago and Ukraine. In Albania and Argentina, all registered printed works are linked to the ISBN, while there is no ISSN requirement for periodical publications. In Bahrain, Brazil, Burundi, Costa Rica, Croatia, Ghana Greece, Ireland, Kenya, the Kingdom of Saudi Arabia, Republic of Korea, Latvia, Lithuania, Montenegro, Namibia, Nepal, Romania, Russia, Serbia, Singapore and South Africa and the United States of America, the legal deposit is linked to the International Standard Books Number ISBN. In a number of countries, there is also a relation with the ISSN and other codes. The details can be accessed in the corresponding response (Annex B.4).

7 page Please provide statistics on the number of deposits per year for the following items (last five years); a) print material; b) musical works; (c) audiovisual works. Statistics on the number of deposits for the items (a, b & c) over the last five year are presented below: (a) Print materials: COUNTRY/YEAR TOTAL Albania Algeria Argentina Austria Bahrain Bhutan 1875 Brazil China Colombia Ecuador Ghana Guinea 12 Hungary Italy Jamaica Japan Korea Moldova Monaco Mongolia Montenegro 8902 Nepal 509 Norway Oman 600 Pakistan Peru Serbia Singapore South Africa Spain Sweden Thailand UK Ukraine US

8 page 8 (b) Musical works: COUNTRY/YEAR TOTAL Argentina Bahrain Bhutan 80 Colombia Ghana Guinea 1944 Hungary Italy Jamaica Japan Korea Mali 4847 Montenegro 5 Nepal 39 Norway Oman 6 Serbia South Africa Spain Sweden Ukraine US

9 page 9 (c) Audiovisual works COUNTRY/YEAR TOTAL Albania Argentina Bahrain Bhutan 75 Brazil China Colombia Ghana Guinea 337 Hungary Italy Jamaica Japan Korea Montenegro 197 Nepal 8 Norway Oman 10 Serbia Singapore South Africa Spain Sweden Ukraine US [End of document]